Same sex couples in Queensland push for equal parental rights

Same sex couples in Queensland want to be recognised so that their rights as parents are safeguarded. Gay and lesbian groups says the out-dated Queensland laws contradict federal legislation and they want changes. They are calling on the Prime Minister for support.

TONY EASTLEY: The Prime Minister might be pushing ahead with same sex law reform but state Labor governments in Queensland and South Australia aren't following the federal lead.

Gay and lesbian couples aren't recognised in the two states and they say living under two contradictory legal systems is cruel - particularly when children are involved.

Lobby groups in Queensland say the State Government has turned a blind eye to the plight of gay parents - and they want an influential Queenslander to step in and help.

Nicole Butler compiled this report.

(Sound of baby crying)

LOUISE DUCHESNE: Is that right? Is that right darling?

NICOLE BUTLER: Louise DuChesne and her 17-month-old son Joseph chat about the sleepless night they've just had while Jo's twin sister Lucienne and their biological mother Molly Galea look on.

Ms Galea and Ms DuChesne are a lesbian couple living in Brisbane - discovering the joys of parenthood but as the non-biological mother, Ms DuChesne is also fighting for her parental rights because Queensland - like South Australia - doesn't recognise same sex couples.

LOUISE DUCHESNE: I'm not legally validated or legally acknowledged but I mean the piece of paper is important, being on the birth certificate is important.

But the way we came into this was both of us trying to get pregnant and it was that Molly was the one who got pregnant. And these …I have two children. It is not like I need children of my own. These are my children.

NICOLE BUTLER: But the twins aren't Ms DuChesne's children in the eyes of the law in Queensland.

At a federal level it's a different story - Prime Minister Kevin Rudd is pushing ahead with his same sex law reform so that by July even Centrelink will recognise gay couples.

It's this contradiction between Commonwealth and state that's making things confusing and difficult for same sex partners.

Ms Galea says problems regularly crop up in day to day life.

MOLLY GALEA: There is things like health services may refuse Louise being able to take them to health services because Louise isn't actually a guardian.

So that is a bit insulting but also if I died, I would want Louise to be bringing up the children, obviously, as their mother but because she is not seen as the next of kin, there might be some hoops to jump through.

NICOLE BUTLER: Shelley Argent is the national spokesperson of PFLAG - Parents and Friends of Gays and Lesbians.

She agrees the inconsistency between federal laws and those in Queensland are cruel and insulting.

SHELLEY ARGENT: Now, with the federal legislation, a same sex couple with children, the non-biological parent can be made to pay child maintenance and that is fair enough.

But here in Queensland, that same person who has to pay child maintenance because of the federal legislation, isn't even recognised as a parent at all and what else is interesting with all of this is if a couple should come from another state who are recognised, they move into Queensland and Queensland does recognise them but they don't recognise their own couples here in Queensland.

NICOLE BUTLER: Ms Argent says Premier Anna Bligh is deliberately avoiding the issue of same sex rights in Queensland now that she's won the state election.

SHELLEY ARGENT: They initially phoned me saying would I like a meeting and now, a month later, they are saying send in an email or a letter and we will consider it.

NICOLE BUTLER: Ms Argent says PFLAG is going to contact the Prime Minister Kevin Rudd in the hope that influential Queenslander can convince Premier Bligh to update the state's same sex laws.